Legal Opinion
Fortunato v. Craft
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 1964PublishedCited by 1 opinion
1Opinion of the CourtChrist, J.
The single question presented on this appeal is whether one who has bought a recapped automobile tire from a retail tire dealer may recover from the recapper damages for personal injury sustained while handling the tire, on the theory of breach of warranty of merchantability, fitness and suitability for use, where the recapper in the course of its business had recapped the tire and sold it to the retail dealer for resale. Special Term has answered that question in the negative.
In his amended complaint the plaintiff has alleged: (1) that he sustained personal injury by reason of an explosion…
2Cases cited5 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
- Nebelung v. NormanCalifornia Supreme Court · 1939
- Simpson v. EichenbrunnerAppellate Terms of the Supreme Court of New York · 1961
- Burke v. Firestone Tire & Rubber Co.Massachusetts Supreme Judicial Court · 1946
3Cited by1 opinion
- Stalker v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 2006